Ordinance No. 32-22ORDINANCE NO.32-22
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,REZONING APPROXIMATELY 6.74
ACRES LOCATED AT 1155 SOUTH CONGRESS A VENUE FROM MIXED
RESIDENTIAL OFFlCE AND COMMERCIAL (MROC)TO SPECIAL
ACTIVlTIES DISTRICT (SAD),SAID LAND GENERA LL Y LOCATED ON
THE EAST SIDE OF SOUTH CONGRESS A VENUE,APPROXIMA TEL Y
970 FEET NORTH OF LINTON BOULEVARD,AS MORE
PARTICULARLY DESCRIBED HEREIN;AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES
CHAPTER 4,"ZONING REGULATIONS,"ARTICLE 4.4,"BASE ZONING
DISTRICT,"SECTION 4.4.25,"SPECIAL ACTIVITIES DISTRICT (SAD),"
SUBSECTION 4.4.25(H),"S.A.D.S,"TO ADD THE "ALEXAN DELRAY"
SPECIAL ACTIVITIES DISTRICT;AMENDING THE "CITY OF DELRAY
BEACH,ZONING MAP,JUL Y 6,2021 ";PROVIDING A CONFLICTS
CLAUSE,AND A SEVERABILITY CLAUSE;PROVIDING AN
EFFECTIVE DATE;AND FOR OTHER PURPOSES.
WHEREAS,Eckols '77 Ltd.,Eckols '78 Ltd.,&Admiral '80,Ltd.("Owner")is the owner of 1155
South Congress Avenue with a Parcel Control Number (PCN)I 2-43-46-19-00-000-5037 (the "Property").
generally located on the east side of South Congress Avenue,approximately 970 feet north of Linton
Boulevard,as more particularly described in Exhibit "A,";and
WHEREAS,the Property,measuring approximately 6.74 acres,is shown on the City of Delray Beach
Land Use Map,May 4,2021,with a land use designation of Congress Avenue Mixed Use (CMU);and
WHEREAS,the Property was later rezoned to Mixed Residential Office and Commercial (MROC)
District as shown on the City of Delray Beach Zoning Map,July 6,2021,;and
WHEREAS,on February 4,2022,Maple Multi-Family Land,SE and Jeffrey A.Costello of JC
Planning Solutions (collectively as "Applicant")submitted a Rezoning application (File No.2022-112-REZ-
CCA)with an associated Master Development Plan (File No.2022-111-MDP-SPR)seeking to rezone the
Property from MROC to Special Activity District (SAD)and amend Section 4.4.25,"Special Activities
District"of the Land Development Regulations of the City of Delray Beach (LOR)to add the "Alexan Delray";
and
WHEREAS,pursuant to LOR Section 4.4.25(A),SADs are established to provide a zone district for
developments not otherwise classified or categorized in other districts or cannot be accommodated in any
other zone district and are to be used for large scale and mixed-use developments for which conventional
zoning and development standards are not appropriate;and
WHEREAS,Table NDC-1,Land Use Designations:Density,Intensity,and Implementing Zoning
Districts,of the Always Delray Comprehensive Plan Neighborhoods,Districts,and Corridors Element
ORDINANCE NO.32-22
2
identifies SAD as a compatible implementing zoning district with the CMU Land Use Map designation and
limits residential density to 40 dwelling units per acre and maximum floor area ratio (FAR)to 2.5;and
WHEREAS,the permitted uses and development standards for the proposed Alexan Delray SAD are
attached hereto as Exhibit "C",Permitted Uses,Supplemental Standards,and Development Standards for
Alexan Delray;and
WHEREAS,the Master Development Plan for the proposed Alexan Delray SAD is attached hereto
as Exhibit "O";and
WHEREAS,pursuant to Florida Statutes l63.3 174(4)c).the Planning and Zoning Board for the City
of Delray Beach,sitting as Local Planning Agency,considered this request at a public hearing on September
12,2022.and did not recommend approval of the application to rezone the property from MROC to SAD,the
associated MOP,and related amendments to the LOR by a vote of 4 to 2;and
WHEREAS,on September 19,2022,pursuant to LOR Section 2.4.7(E),the Applicant filed an appeal
of the decision of the Planning and Zoning Board;and
WHEREAS,on November 15,2022,the City Commission overruled the Planning and Zoning Board
decision by approving Resolution No.186-22;and
WHEREAS,on November 15,2022.the City Commission considered the request to rezone the
property from MROC to SAD,the associated MOP,and related amendments to the LOR at a public hearing;
and
WHEREAS,it is appropriate that SAD is hereby deemed the designation for the Property on the
Zoning District Map of the City of Delray Beach,Florida.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section I.The recitations set forth above are incorporated herein.
Section 2.The Zoning District Map of the City of Delray Beach,Florida,be,and the same is,
hereby amended to reflect the Alexan Delray SAD for the property described in Exhibit "A"Legal
Description,and shown on the map in Exhibit "B",Proposed Zoning Map,attached hereto and incorporated
herein.
Section 3.The Alexan Delray SAD is subject to compliance with Exhibit "C",Pennitted Uses,
Supplemental Standards,and Development Standards for Alexan Delray,and Exhibit "D",Master
Development Plan,attached hereto and incorporated herein.
Section 4.Section 4.4.25(H),"S.A.D.s",of the Land Development Regulations shall be amended
to add the following:
(I)-(16)(These subsections shall remain in full force and effect as previously adopted)
ORDINANCE NO.32-22
3
(17)Alexan Delray,located at 1155 South Congress Avenue,by Ordinance No.32-22.
Section 5.Upon the effective date of this Ordinance,the City of Delray Beach,Zoning Map,July
6,2021,shall be amended to conform to the provisions of Section 2 hereof.
Section 6.All ordinances or parts thereof or parts of the Code conflicting or inconsistent with the
provisions of this Ordinance are hereby repealed.
Section 7.If any word,clause,sentence,paragraph,section or part thereof contained in this
Ordinance is declared to be unconstitutional,unenforceable,void or inoperative by a court of competent
jurisdiction,such declaration shall not affect the validity of the remainder of this ordinance.
Section 8.This Ordinance shall become effective upon approval of the second reading of this
Ordinance.No development orders,development permits,or land uses dependent on this amendment may
be issued or commenced before it has become effective.
/PASSED AND ADOPTED in regular session on second and final reading on dis 2"r
~&['----""'--1'-----=c;,,~L.._----------'2023.
ATTEST:
Katerri Johnson
First Reading __l~7,_¿~/5=r+-1~2-_0~,t.~"2,,_
second Reading '$/i/0z
ORDINANCE NO.32-22
4
EXHIBIT A
LEGAL DESCRIPTION
THE NORTH 800 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THE EAST 425 FEET OF THAT PART OF THE SOUTHEAST ONE-QUARTER (SE 1/4)OF SECTION 19,
TOWNSHIP 46 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY,FLORIDA,LYING WEST OF THE
WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIRLINE RAILWAY;LESS AND NOT
INCLUDING THE NORTH 855 FEET AND SOUTH 253 FEET THEREOF,LESS RIGHT-OF-WA Y FOR
S.CONGRESS A VENUE,LESS AND EXCEPT THAT PORTION TAKEN IN THAT CERTAIN
STIPULATED ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5134,PAGE 1316
AND IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5827,PAGE 1631,OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA.
CONTAINING 293,785 SQUARE FEET,6.7444 ACRES,MORE OR LESS.
SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH,PALM BEACH COUNTY,FLORIDA.
ORDINANCE NO.32-22
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EXHIBIT B
PROPOSED ZONING MAP
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Open Space/Recreation
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ORDINANCE NO.32-22
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EXHIBIT C
PERMITTED USES,SUPPLEMENTAL STANDARDS,
AND DEVELOPMENT STANDARDS FOR ALEXAN DELRAY
A.PURPOSE AND INTENT
The Alexan Delray SAD regulations provide for transit-supportive,pedestrian-friendly
multifamily residential development in a master planned environment.The district encourages
standalone residential buildings adjacent to the transit corridor along Congress A venue and in
close proximity to the major Interstate 95 thoroughfare,civic and recreation uses,and general
commercial uses in order to promote a more walkable and sustainable residential development
to support existing and proposed businesses along the Congress A venue Corridor.
B.PRINCIPAL USES AND STRUCTURES ALLOWED
The following use is allowed within the Alexan Delray SAD as a permitted use:
Multi-family Dwelling Units:Multi-family residential uses excluding duplexes with a maximum
density of 40 units per acre subject to establishment of the Workforce Housing Program
referenced in Section E.(12)below.
C.ACCESSORY USES AND STRUCTURES PERMITTED
The following uses are allowed when a part of,or accessory to,the principal use:
(I)Parking lots and parking garages.
(2)Refuse,service and loading areas.
(3)Meeting and conference facilities when associated with allowed uses in the Master Plan.
(4)Provision of services and repair of items incidental to the principal use.
(5)Recreational facilities attendant to a multi-family residential development,which may
include but are not limited to swimming pools,exercise areas,leasing facilities,club
rooms,makerspace/tech lounge/coworking space,offices,and meeting rooms.
D.MASTER PLAN &SITE PLAN APPROVAL
(I)Review and Approval Process:ln addition to the requirements of Section 4.4.25(D),
Review and approval process,the following shall apply:
(a)All Site Plan applications for new development,including site plan modifications,must
receive approval by Site Plan Review and Appearance Board (SPRAB)and be consistent
ORDINANCE NO.32-22
7
with the approved Master Development Plan (MDP).
(b)In accordance with Section 2.4.5(F)(6),upon final approval of the Master Plan,
such plan shall be stamped and certified by the Development Services
Department as to its status and shall serve as the baseline for any subsequent
submittals.All subsequent submissions shall conform in every respect to the
Master Plan as may be modified as provided below.
(2)Master Plan Modifications
(a)An approved Master Plan may be modified either by administrative approval or
by review by the Planning &Zoning Board through the public hearing process,
depending on the degree of modification proposed to the Master Plan.If the
modification relates to number of dwelling units,parking count,intensity or the
dimensional standards,including setbacks ("Standards")and is less than or equal
to a 5%deviation from such standard,the modification shall be processed
administratively or reviewed by the Planning and Zoning Board as a MOP
modification,at the discretion of the Development Services Director.All other
modifications to the MOP,development standards,timing obligations (i.e.the
sequencing plan,phasing,etc.)or other requirements contained herein,and those
modifications of Standards in excess of 5%shall be processed and approved by
the Planning and Zoning Board in accordance with 2.4.4 E(6),except for changes
that increase density and intensity,(including additional uses not previously
adopted as part of the SAD)which shall be processed and approved by the City
Commission as an amendment to the SAD Ordinance.
E.DEVELOPMENT STANDARDS
(1)Minimum floor area.
(a)Residential units are subject to the minimum square footage per the chart below.
UNIT SIZES (MINIMUM REQUIREMENTS)
Unit Type Size
Efficiency 400 sq.ft.
One Bedroom 600 sq.ft.
Two Bedroom 900 sq.ft.
Three Bedroom 1,250 sq.ft.
(b)There are no minimum floor area requirements for non-residential uses.
(2)Lot coverage and open space
ORDINANCE NO.32-22
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(a)Lot coverage by building,pavement and hardscape site improvements excluding
sidewalks,multipurpose paths,or any hardscape within the civic open space shall not
exceed 7 5 percent of the gross area of the Master Plan.
(b)Land area,equal to at least 25 percent of the total district including the perimeter
landscaped boundary,shall be in open space including sidewalks,multi-purpose paths
and any hardscape within the civic open space.
(c)Civic open space.Civic open spaces are privately maintained outdoor spaces which are
accessible by the general public,improve the pedestrian environment,are aesthetically
pleasing,and serve as an amenity for the city as a whole as well as for occupants of the
building which the open space serves.Civic open spaces shall be provided in accordance
with the following:
1.The civic open space shall adjoin a street front property line for no less than ten
percent of the linear frontage width.
11 .Civic open spaces must be accessible to the public during all daylight hours.
iii.Civic open spaces must be situated to allow easy ingress and egress by
pedestrians and may not be fenced.
iv.Civic open spaces must be located at the sidewalk level.
v.Civic open spaces must be open to the sky;however,open-air garden structures
such as gazebos or trellises are permitted within civic open spaces.
v.Each civic open space shall provide street furniture elements,including
seating/benches and bicycle racks,and trash receptacles.
(3)Perimeter Buffer.A landscape buffer shall be provided around the development.
Parking,structures,perimeter roadways,and other paving is not pennitted within this
buffer except for bicycle paths,sidewalks,jogging trails,hardscape within the civic open
space,and driveways or access streets which provide ingress and egress for traffic and
which are generally perpendicular to the buffer.The perimeter buffer shall be landscaped
to provide a boulevard effect along Congress Avenue,but may also include civic open
space with hardscape.
•When adjacent to Congress Avenue'15 feet min.
•All other perimeters 15 feet min.
•Adjacent to CSX Railway 25 feet min.
I.The provisions set forth in LOR Section 4.3.4(H)(6)(b)(Special Landscape Setbacks)are not applicable.
(4)Bu il d ing Setbacks
(a)M in im u m Setback s
ORDINANCE NO.32-22
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.Congress Avenue Frontage/Front yard
Buildings with a maximum height of 38'/3 stories or less 15 feet min.-
Buildings with a height greater than 38'/4 stories or more 25 feet min.-
•Side yard 15 feet min.
•Rear yard/Adjacent to CSX Railway 25 feet min.
(b)Building separations.Building separations shall be a minimum of 25 feet.For
the purpose of this section parking structures are not considered to be buildings.
(5)Height.The maximum height of all buildings shall not exceed 48 feet.
(a)Residential uses shall have a minimum floor height of nine feet floor to floor on
all floors.
(b)Elevator overruns and stairways are not limited by the number of stories and shall
not exceed l O feet above the maximum overall building height.
(c)Flat roofs shall be screened from the lateral view of adjacent properties by
a parapet.New or replacement rooftop appurtenances,including mechanical
equipment,shall be screened by a parapet,enclosure,or other method equal in
height to the appurtenance.The screening must be integrated and compatible with
the building architecture.
(d)Parapets and architectural features shall not exceed I O feet in height above the
roof
(6)Recreation Facilities.Recreation facilities shall include but are not limited to the
following:
(a)The Clubhouse is a private recreational facility which shall be equipped with but
is not limited to the following amenities to serve residents:
1.Restrooms
11.Makerspace/Tech Lounge/Coworking Space
111.Fitness Center with yoga/aerobics room
iv.Club Room
v.Leasing and management offices
(b)The outdoor component,distributed within the residential areas of the master
plan,shall include,but will not be limited to the following elements:
1.Main private outdoor pool
11.Play/Tot Lot Area
ORDINANCE NO.32-22
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(7)Parking.
(a)
(b)
Parking adjacent to Congress Avenue.There shall be no direct parking provided
along Congress Avenue,with the exception of the access driveway.Parking shall
be located to the rear of buildings having direct frontage along Congress A venue.
Parking shall be provided for the multifamily residential buildings as follows:
One bedroom dwelling unit 1.15 spaces/unit
Two bedroom dwelling unit 1.75 spaces/unit
Three or more bedroom dwelling unit 2.0 spaces/unit
Guest parking O.I O space/unit
Parking areas shall be designed in accordance with Section 4.6.9 of the City of
Delray Beach Land Development Regulations.
(8)Landscape Regulations.Landscaping shall be provided in accordance with Section
4.6.16 Landscape Regulations and Section 4.6.19.Tree Preservation,Protection,
Enforcement,and Maintenance of the City of Delray Beach Land Development
Regulations.
(9)Greenway Easement.Within the 25-foot buffer along the east side of the property
abutting the CSX Railroad Right-of-Way,an easement shall be dedicated for the
proposed City Pedestrian,Bicycle,and Trail Network (CSX Railroad Greenway).
(IO)Bus Shelter.A Bus Shelter shall be installed at the Palm Tran Bus Stop abutting the
development,enhancing mobility/transit options along the Congress Avenue providing
service to the Tri-Rail Station.
(11)Green Building Design.The building designs shall be in accordance with National
Green Building Standards.
(12)Workforce Housing Program.A Workforce Housing Incentive Program shall be
provided as follows:
(a)A minimum of 20 percent of the project density shall be provided on-site as
Workforce Housing Units for Moderate Income Households as defined herein.
(b)A monetary contribution in the amount of $350,000 to the City of Delray Beach
Housing Trust Fund to provide for new or rehabilitation of very-low,low and/or
moderate income workforce and affordable housing units as provided for in LOR
Article 4.7 (Family/Workforce Housing),and/or any other applicable City
program,prior to issuance of a building permit.
(c)The proportion of workforce housing units by bedroom count must be
approximately the same (within I 0%)as the proportion of market rate units by
bedroom count to total market rate units with the exception of efficiency or studio
ORDINANCE NO.32-22
11
(c)
units,which shall not be allowed under the City of Delray Beach
family/workforce housing program.
(d)Moderate income household.A household with a gross,combined income
between 81 percent and 120 percent of the Palm Beach County Adjusted Median
Income,published annually for Palm Beach County by the U.S.Department of
Housing and Urban Development,for a 2-person household for I BR units,for a
3-person household for 2 BR units and for a 4-person+household for 3 BR+
units.
(e)Rent ranges shall be based on the monthly rent ranges published annually by Palm
Beach County based on the Florida Housing Finance Corporation Multi-Family
Rental Programs,by number of bedrooms,as annually adjusted.
(f)For the purposes of annual price updates,the Workforce Housing Unit prices
initially established for the rental unit's income category at the time of approval
of the subject development shall be the rental floor throughout the affordability
period.No Workforce Housing Unit is required to be rented at a price below the
rental floor,though an owner may opt to do so.
(g)The exteriors of Workforce Housing Units shall be designed compatible with
market rate units in the development;however,the developer shall not be
required to provide interior design finishes consistent with the market rate units
provided within the development.
(h)Workforce Housing Units shall be distributed throughout the development,and
not clustered in any one location.
(i)The breakdown of unit type shall be based upon market demand and there shall
be no restriction from providing a certain type of unit,provided that the
Workforce Housing Units are provided in the same proportion as the Market Rate
Units.
ORDINANCE NO.32-22
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EXHIBIT D
ALEXAN DELRAY MASTER DEVELOPMENT PLAN
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ORDINANCE NO.32-22
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EXHIBIT D
ALEXAN DELRA Y MASTER DEVELOPMENT PLAN
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ORDINANCE NO.32-22